Hoyt et al v. Ocwen Loan Servicing, LLC et al

Filing 15

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 1/14/2016 10:00 AM. Show Cause Response due by 12/31/2015. Signed by Judge Maria-Elena James on 12/17/2015. (cdnS, COURT STAFF) (Filed on 12/17/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND L. HOYT, et al.,

Case No. 15-cv-05422-MEJ

Plaintiffs,
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v.

ORDER TO SHOW CAUSE

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OCWEN LOAN SERVICING, LLC, et al.,
Defendants.

United States District Court
Northern District of California

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On December 2, 2015, the Court vacated all pending deadlines in this case and referred the

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parties to the ADR Department for a telephone conference to assess the case’s suitability for

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mediation or a settlement conference. Dkt. No. 9. The Court did so based on Plaintiff Raymond

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Hoyt’s “Request to Expedite Decision on Indigency,” in which he stated the foreclosure sale of

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Plaintiffs’ residence was scheduled for December 7, 2015. Dkt. No. 7. However, after the

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referral, the ADR Department tried multiple times to contact Plaintiffs, to no avail. Accordingly,

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on December 9, 2015, the Court ordered Plaintiffs to call the ADR Department at [phone]

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by December 16, 2015. Dkt. No. 14. The Court advised Plaintiffs that their failure to contact the

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ADR Department by December 16 may result in the dismissal of their case pursuant to Federal

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Rule of Civil Procedure 41(b). Plaintiffs have failed to comply with the Court’s Order.

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Accordingly, the Court hereby ORDERS Plaintiffs Raymond L. Hoyt and Marjorie A.

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Hoyt to show cause why this case should not be dismissed for failure to prosecute and failure to

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comply with court deadlines. Plaintiffs shall file a declaration by December 31, 2015. If a

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responsive declaration is filed, the Court shall either issue an order based on the declaration or

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conduct a hearing on January 14, 2016 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate

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Avenue, San Francisco, California. Notice is hereby provided to Plaintiffs that the Court may

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dismiss this case without a hearing if no responsive declaration is filed. Thus, it is imperative that

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the Court receive a written response by the deadline above.

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IT IS SO ORDERED.

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Dated: December 17, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND L. HOYT, et al.,

Case No. 15-cv-05422-MEJ

Plaintiffs,
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v.

CERTIFICATE OF SERVICE

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OCWEN LOAN SERVICING, LLC, et al.,
Defendants.

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United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on December 17, 2015, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Marjorie A. Hoyt
162 Oakridge Drive
Danville, CA 94506
Raymond L. Hoyt
162 Oakridge Drive
Danville, CA 94506

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Dated: December 17, 2015
Richard W. Wieking
Clerk, United States District Court

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By: ___________________________
Chris Nathan, Deputy Clerk to the
Honorable MARIA-ELENA JAMES

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